A. In fact, E, which leased part of the area of 192 square meters of the D-ground building 192 square meters from the Defendant by mistake of fact, used the above building as agricultural product processing facilities, such as washing, packing, and storing ginseng which is an agricultural product.

The defendant has used part of the above building as a temporary office, but the present condition of the building has also been written as a purpose office.

Therefore, the Defendant only used the leased land D for the purpose of obtaining approval to alter the leased land, but does not use it for other purposes without approval.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, thereby misunderstanding the facts and adversely affecting the conclusion of the judgment.

B. In light of the fact that the size of the land used by the illegal defendant for another purpose without obtaining approval is relatively wide, and that at the same time, the defendant filed an accusation against the police immediately without having to take corrective measures against the violation of the law, but the defendant was entirely removed from all of the current state of the violation, and that there is no record of criminal punishment exceeding the punishment or fine, the sentence of the court below that sentenced the fine of KRW 5,00,000 is too unreasonable.

2. Determination

A. The following circumstances that can be acknowledged by the lower court’s judgment as to the assertion of mistake of facts and the evidence duly adopted and investigated by the appellate court and the trial court, namely, the Defendant, as her husband G, filed a report on the diversion of farmland of 1,400 square meters of land D in Leecheon-si, Seoul Metropolitan City (hereinafter “instant land”) belonging to the agriculture promotion area as farmland for agricultural storage sites. On September 12, 2012, the Defendant newly constructed a 192 square meters of a single-story building (hereinafter “instant building”) on the said ground and registered in the building ledger; ② on September 11, 2014, the Defendant used the instant land from thischeon-si market as “agricultural and fishery products processing facilities” from “agricultural storage facilities.